Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-06-02

shooting anyone else than Charley Smith;
he spoke about shooting Charley Smith,
we did not talk much in the house; the
conversation took place out in the lane;
the conversation took place on the 18th
day of August; we threshed on Wednes-
day; the reason that l remember this was
that my child was six weeks old that day;
the conversation took place out In the
lane; John was in the lane and l was IN
the garden, l asked him il he had shot
Charley Smith; he said ne had.
The defense here offered the indictment
and verdict of the jury in the case of the
State againit John Newman for the shoot
ing Charley Smith. Objected to by the
State. Question taken under adyisement
by the court.
The defense announced that they rested,
reServing the right TO Introduce the record
if the Court so hold.
REBUTTAL.
The first witness introduced by the State
OH rebuttal was Mn. Jacob Baxter. She
said she rode out past Newman's on gal
lOp and the horse made loud noise; was
at Newman's less than two years ago
Harrison Huggins was called and testl-
fed that he resided at the head of Proc
tor; know Isaac Nice; am acquainted with
his general reputation; it is generally good;
would have TO say would believe him on
oath.
Cross-examined - Have heard some
things against him; live about three miles
from Nice; never heard any one except his
enemies sah they would not believe him
on oath.
DIR. McKinnie testified that he lived in
Marshall county; am physician; know
Isaac Nice; have known him since he was
a small hoy; his reputation for truth and
yeracity is mediocre; wOuld believe him
on oath.
Cross.examined: l say this from what
know myself.
The defense moved to strike out this
evidence. The Court refused TO strike 1t
out Defense excepted.
The Court announced its opinion on the
introduction of the record in the Smith
c.lSe. by the defense, and would not per
nit the defendant To Introduce 1t; and
told the jury they must not consider any
thing in connection with the Smith case;
not even what the witnesses said on cx-
animation who were called by the defense
to show John Newman's good reputation.
The State then offered and had the record
introduced.
james Cozard said the reputation OF
Isaac Nice was good in the neighbOrhOOd
and he would believe him on oath.
On cross examination the witness said
he formed his opinion from his own
knowledge.
II. J. O'Ncill testified that he knew
Nellie Newman; saw her on what is known
~ the Baxter hill on the Sunday that
Baxter was killed. he was riding along
and overlook her; we had conversation
that day.
The defense objected TO the conversation
rs testimony, which the State offered TO
introduce for the only purpose ofaflecting
the credibility of Mrs. Nellie Newman.
The court permitted the witness to relate
the conversation. Defense excepted.
He said that Mrs. Newman said in that
conversation: Jake Baxter, the id
Ornery son of a b-h, is one of the
Orneriest men there is in the country"
that she could see his hearts bloOd;'
that There if good deal OF iuSSimg now,
but one Gods blessing it will soon be
over"
CrOSS-examined-Was breaking a colt
was hunting some that day; came through
or near Newman's corn field; she overlook
me going up the hill; rode a quarter OF u
mile with her; did not ride home with her.
Lon Lowe testified that he was ut Jas
Newman's ON the Sunday Baxter wis
killed; left there at half-past twelve
o'clock that day.
Evidence ruled out on motion of the de-
fense.
Monroe Francis testified that he was
orderly sergeant in the company here; F.
ID. Steward did not return his gun; he told
me that he cut his initials on his gun;
there were seven or eight guns not turned
in.
Geo. i. WoOdcOck said he had gun like
the one in evidence; got it of Monroe Fran
els; it was in my possession on the 81 day
of October last.
The State announced that 50 far rs they
knew now they would he ready to close
their evidence in the morning.